Understanding Senate Bill 9 and Fair Sentencing for Youth

May 22, 2011

Imagine spending your entire life in prison for an action you committed when you were a youth. In California, juvenile defendants can be sentenced to life without the possibility of parole (LWOP). Some call it “the other death penalty,” for these defendants will die in prison without ever having the chance to live in society as an adult. California Senate Bill 9 (SB 9) seeks to change this.

What is Senate Bill 9 in California?

Senate Bill 9, also known as SB 9, is a legislative measure in California designed to address the harsh sentencing of juveniles. The bill allows individuals who were sentenced to life without the possibility of parole (LWOP) for crimes committed as juveniles to petition for a resentencing hearing after serving at least 25 years. This measure provides a pathway for these individuals to be considered for parole, provided they can demonstrate rehabilitation and maturity since the time of their offense.

Overview of the Fair Sentencing Act

The Fair Sentencing Act focuses on creating a more equitable justice system by ensuring that sentences are proportionate to the crimes committed and take into account the unique circumstances of each case. In the context of juveniles, the act acknowledges that young people have a greater capacity for change and rehabilitation. This legislation aims to prevent disproportionately severe sentences for youth offenders and advocates for a justice system that allows for second chances.

Impact of Senate Bill 9 on Juvenile Justice

Senate Bill 9 has a significant impact on juvenile justice by introducing the possibility of parole for those who were previously condemned to spend their entire lives in prison for crimes committed as minors. This shift recognizes the potential for growth and change in young individuals. Under SB 9, judges have the discretion to resentence these defendants, offering them a chance to eventually reintegrate into society if they can prove their rehabilitation.

The present law is often seen as unfair for several reasons:

Discourages Rehabilitation: LWOP sentences eliminate the incentive for juvenile offenders to rehabilitate since they have no hope of release.
Lack of Access to Programs: Juveniles sentenced to LWOP are frequently denied access to rehabilitative programs.
Racial Disparities: California has significant racial disparities in sentencing, with African American and Hispanic youth disproportionately receiving LWOP sentences.
Deterrence: There is little evidence that LWOP sentences deter juvenile crime more effectively than other sentences.
Murder Convictions: Many youth offenders serving LWOP were convicted of murder without being the actual perpetrators.
First-Time Offenders: A large proportion of juveniles sentenced to LWOP are first-time offenders.

Case Studies: Fair Sentencing for Youth

Consider the case of John Doe, who was sentenced to LWOP at the age of 16 for his involvement in a robbery that resulted in a death, though he was not the one who committed the murder. Under SB 9, after serving 25 years, John petitioned for resentencing and demonstrated significant personal growth and rehabilitation. His sentence was modified, allowing him the chance to seek parole.

Another example is Jane Smith, who at 17 was sentenced to LWOP for a crime committed under the influence of an adult. Jane used her time in prison to earn a college degree and actively participated in rehabilitation programs. Her petition under SB 9 was successful, highlighting the potential for positive change.

Frequently Asked Questions About Fair Sentencing

Q: What is the Fair Sentencing Act?
A: The Fair Sentencing Act aims to create a more just sentencing system that takes into account the individual circumstances of each case, particularly focusing on the rehabilitation potential of youth offenders.

Q: How does Senate Bill 9 change the current law?
A: SB 9 allows individuals sentenced to LWOP for crimes committed as juveniles to petition for a resentencing hearing after serving 25 years, offering them a chance for parole based on demonstrated rehabilitation.

Q: Who supports Senate Bill 9?
A: SB 9 is supported by numerous individuals, politicians, and organizations advocating for a more humane and just legal system for youth offenders.

Q: What are the criticisms of Senate Bill 9?
A: The California District Attorneys Association opposes SB 9, arguing that it could undermine the severity of sentences for serious crimes committed by juveniles.

Q: How can I take action to support fair sentencing for youth?
A: To support fair sentencing for youth, you can visit Fair Sentencing for Youth to learn more and get involved in advocacy efforts.

Senate Bill 9 represents a significant step towards fairer sentencing for youth in California, recognizing the importance of rehabilitation and second chances. By allowing juveniles sentenced to LWOP a chance to petition for parole, the bill promotes a more just and humane approach to juvenile justice.

For more information, see:

http://www.fairsentencingforyouth.org/legislation/senate-bill-9-california-fair-sentencing-for-youth/
http://www.pbs.org/wgbh/pages/frontline/whenkidsgetlife/etc/map.html
http://californiacorrectionscrisis.blogspot.com/2011/03/support-sb9-fair-sentencing-of-youth.html